The Lieutenant Governor And ORS. v. Shri Subrata Biswas And ORS.
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] *** WP.CT/6/2023 The Lieutenant Governor and others Vs.
Shri Subrata Biswas and others Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the petitioners Mr.P.C.Das ... for the respondents July 20, 2023 [AKB] Item No.7 The present writ petition has been preferred by Andaman and Nicobar Administration and its functionaries challenging an order dated 7th June, 2022 passed in the original application being OA 351/01133/2018.
Mr. Chakraborty, learned advocate appearing for the petitioners submits that the learned Tribunal having arrived at findings that there is no dissimilarity in the entire qualification and nature of duties and responsibilities of the applicants/respondents herein and that the recruitment rules of the Malaria Inspectors of Andaman and Nicobar vis-à-vis the Malaria Inspectors of Daman and Diu are not at much variance, erred in law in referring the matter to the appropriate Ministry for reconsideration.
According to Mr. Chakraborty in view of the findings arrived at by the learned Tribunal nothing is left to be reconsidered by the appropriate Ministry. The directions contained in the impugned order passed by the learned Tribunal are mutually contradictory and self-defeating and as such the impugned order is not sustainable in law.
Mr.
Das, learned advocate appearing for the applicants/respondents herein submits that the petitioners are entitled to similar benefits as have been extended to the Malaria/Filaria Inspectors of Daman and Diu.
The Administration itself has recommended the respondents' claim for upgradation of pay scale observing inter alia that the respondents are in the same footing and their nature of duties and educational qualification are same with the Malaria/Filaria Inspectors of Daman, Diu and DNH. Having recommended the respondents' claim, the Administration cannot turn back and oppose the direction towards reconsideration of the matter by the appropriate Ministry, as directed by the learned Tribunal moreso when the order dated 7th June, 2022 has been not been challenged by the Union of India.
Heard the learned advocates appearing for the respective parties and considered the materials on record. In the order impugned, the learned Tribunal has quoted a memo issued by the Director of Health Services to the Principal Secretary (Health), Andaman & Nicobar Administration
recommending the respondents' claim. Clauses 4 and 5 of the said memo run as follows:
'4) Also it is to inform that, similar up-gradation of Pay Scale of the Malaria/Filaria Inspectors of Daman, DIU & DNH has been done by the Administrator of Daman, Diu & DNH vide letter no. CMO/Estt./24-78/11/1276 dated 09/04/12 (Copy enclosed).
5) But the similar up-gradation of the pay scale of the Malaria/Filaria Inspectors of A&N Islands has not been done so far though they are in the same footing and their nature of duties and educational qualification are also same with the Malaria Inspector/Filaria Inspectors of other states of India & UTS.'
The learned Tribunal has also observed that the Malaria/Filaria Inspectors of Daman and Diu were extended the upgraded pay scale of Rs. 4500 to Rs.7000 by virtue of an order of Mumbai Bench of Central Administrative Tribunal. In the backdrop of such sequence, the learned Tribunal has referred the matter to the appropriate Ministry for reconsideration. In our opinion, the argument of Mr. Chakraborty that in view of the observations made in the impugned order nothing is left to be reconsidered by the appropriate Ministry is misconceived. The order impugned does not suffer from any patent error or any manifest injustice warranting interference of this Court.
Accordingly the writ petition, being WP.CT/6/2023 is dismissed.
There shall, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.
(Tapabrata Chakraborty, J.) (Raja Basu Chowdhury, J.)